There isn’t a trial attorney around who hasn’t encountered a hostile witness. By “hostile,” I don’t just mean “adverse” — I mean openly HOSTILE. Like the witness who can’t wait to get into the ring and go a few rounds with you. In fact, we could call this witness the “fighting witness” – since that’s really what this is — a witness who wants to brawl with you on the record. When I train attorneys across the country on deposition techniques, the problem of the hostile witness at deposition is often a subject of discussion. When confronted with serious and
Larry, great post. This reminds me of a deposition in which the antics of opposing counsel during a depo got so bad (she had repeatedly coached her witness with speaking objections and I had admonished her for doing so), that at one point I had to say, “For the record, while the witness was answering the previous question, his counsel leaned forward, rested her forehead on the conference table, and audibly moaned.” But your approach is cleaner and more effective!
When I work with law firms around the country on deposition training, there is one question I get repeatedly from new attorneys and veteran lawyers alike: How do you stop an attorney from making speaking objections? Speaking Objectors — “S.O.’s” as I refer to them — are essentially deposition bullies. They do whatever they... Continue Reading The post Attorneys Behaving Badly: Speaking Objections appeared first on The Winning Litigator.
Of all the discovery tools you can use to win your case at trial, none is more powerful than the video deposition. In virtually every case I’ve tried in the last 20+ years, deposition video has figured prominently in my presentation. I know from speaking with hundreds of jurors and from testing video in jury... Continue Reading The post 9 Secrets for Using Video Depositions That Every Trial Lawyer Should Know appeared first on The Winning Litigator.
Every trial lawyer has taken a deposition of a witness who talks too much. Sometimes the witness supplies additional irrelevant details. Or answers indirectly where a direct response would be more desirable. And adds their opinion when it wasn’t requested. Or tells you what they think you are trying to get out of them, even... Continue Reading The post When Your Deposition Witness Won’t Stop Talking appeared first on The Winning Litigator.
Thanks for the information. I had no idea that technology could make sure a difference in cases. I’m going to follow your tip about making sure my attorney is as caught up in the current technology as possible. That should ensure that things work out well for me. Wouldn’t you agree?
Remember when you got your first haircut? You probably didn’t want to do it. Someone likely made you. You resisted it, because it was a new experience. It felt dangerous and scary. But in the end, you looked amazing (don’t be modest, now, you know you looked amazing)! When it comes to trial practice, litigators... Continue Reading The post Does Your Jury Trial Need a Haircut? appeared first on The Winning Litigator.
You’ve heard it before: “As a trial attorney, you should be a Guide to the jury, mapping out a path to the evidence and showing the jury how it can find in favor of your client.” But, is being a good “Guide” enough to get you to the finish line with the verdict you want?... Continue Reading The post Jurors Want to See Your Inner Explorer appeared first on The Winning Litigator.
What’s one of the biggest mistakes made by attorneys seeking damages? Separating liability from damages and leaving the damages presentation to the end of their case. It’s important to weave damages — especially evidence supporting claims for emotional distress damages — throughout your case. It’s an easy mistake to understand after all — as attorneys... Continue Reading The post Getting Bigger and Better Damages appeared first on The Winning Litigator.